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NAKAMURA v. KALAPAKI ASSOCIATES

No. 10672.

718 P.2d 1092 (1986)

Melvin M. NAKAMURA, Nancy S. Nakamura, Yoshio Kaminaka, and Muriel R. Kaminaka, Plaintiffs-Appellees, v. KALAPAKI ASSOCIATES, a Hawaii partnership, Kalapaki Partners, a foreign partnership, Kalapaki Development, Inc., a Hawaii corporation, Defendants, and HAWAII ESCROW & TITLE, INC., a Hawaii corporation, Defendant/Third-Party Plaintiff-Appellant, v. STATE SAVINGS & LOAN ASSOCIATION, a Utah corporation, and Carlsmith and Dwyer, a law corporation organized and existing under and by virtue of the laws of the State of Hawaii, Third-Party Defendants.

Supreme Court of Hawaii.

May 16, 1986.

Attorney(s) appearing for the Case

Sidney K. Ayabe and Albert W. Evensen (Paul T. Yamamura, with Sidney K. Ayabe, on briefs; Libkuman, Ventura, Ayabe & Hughes, of counsel), Honolulu, for defendant/third-party plaintiff-appellant.

Leslie C. Togioka, Honolulu, for plaintiffs-appellees.

Before LUM, C.J., NAKAMURA, PAGETT and HAYASHI, JJ., and HEEN, Intermediate Court of Appeals Associate Judge, in place of WAKATSUKI, J., disqualified.

PADGETT, Justice.

Appellant, an escrow company, appeals from a summary judgment entered against it and made final pursuant to the provisions of HRCP 54(b). We affirm.

Kalapaki Associates was the developer of a condominium project located in Lihue, Kauai, and known as the "Kalapaki Villas Increment No. 1." In March of 1980, appellees Nakamura and Kaminaka entered into condominium reservation agreements, deposits, receipts and sales agreements with the developer...

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